If I Didn't Know Better
by mamaduck1870
Summary: Re-post! A Fornell and Diane story, edited and made much longer! There's no active case, nobody's hurt, and Tobias and Diane meet on good terms. Is this all just too good to be true? Part 2 is up!
1. Chapter 1

**Author's Note: So this little story came out of completely nowhere. Whoops. I like the character of Fornell and I like Joe Spano. So without further instruction, here is my first ever oneshot about T.C. Fornell and Diane Sterling. This is not a Team Gibbs fic nor is it a hateful story about how bitter Diane is and/or was. This story was meant to be a challenge for my writing and hopefully something new and interesting for people to read. That's all. Please leave me your reviews on what you think. The timeline for this story is post S10E09 "Devil's Trifecta" I have no specific time placing for this story and it is AU in the sense that Victor and Diane got divorced shortly after that episode.**

**Also, I changed this story some what since it's first posting, just mainly about the timeline. The line in italics are parts of a poem I wrote myself, a _long _time ago. There is a part two inserted in this story as well which will be indicated by a large page-break and another Author's Note, with a different rating. ;) **

**If you read the story when I first posted it and are back again, THANK YOU! And as always, please leave me a review. I plan on adding one more post for this story before I mark it as 'complete'. **

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**Summary: Fornell needs to go to Diane's place and he just may get a little more than he bargained for.**

**Rating: T**

**Disclaimer: NCIS is NOT my property in any way shape or form and I do not claim the show to be mine in any way.**

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Tobias Fornell did not hate his ex-wife.

Not really, anyway.

Knocking on the front door of the house that used to be his, Tobias remembered the conversations they'd shared in this house.

One of the best things about Diane-she was easy to talk to.

Hearing the oak door open, Tobias suddenly felt out of place when he took in Diane's appearance.

She was always a woman who looked her best, no matter what. But looking at her now, you wouldn't believe that.

Hair loose and around her shoulders with strong curl, eyes red rimmed and still slightly watery, a loose black top and black loose pants.

It had been roughly two months since Tobias had seen Diane for more than five minutes at a time. Picking up and dropping off Emily for weekend visits never took long, especially considering Emily had gotten a little older now.

Looking her over one good time from his position on the porch, Tobias couldn't move.

Seeing his former partner in life look so small, so fragile-it was surreal. Diane had to have lost twenty pounds, easy. The bags under her eyes looked more like the size of the luggage she took with her on their honeymoon.

Thinner, loose clothing, clearly been crying-

Diane looked like hell:

"You can come in Tobias, unless you want to stand there all day."

She sounded like hell, too. Voice hoarse and strained, something was not at all right with the former Mrs. Tobias Fornell.

Stepping over the threshold and hearing the front door close behind him, Tobias looked around. Nothing was different-nothing warranted the wreck that Diane appeared as.

Putting his hands into his trouser pockets, it dawned on him that he was still in his work clothes-suit tie and all.  
Which reminded him why he was here, though Diane was inquiring herself:

"What can I do for you?"

She sounded weak. Defeated. Exhausted. At a loss.

Why hadn't she called him?

Was it something to do with Emily?

No.

It couldn't be that. Then she _would_ have called him.

Still, why hadn't she-oh, that's right.

They were divorced.

He no longer had a 'need-to-know'.

Tobias signed away that security clearance a time ago.

But, back to her question:

"Needed to go through the basement. Looking for some old case files, thought they might be here."

True enough. The bureau had been going through a slow week, which always meant some housekeeping and visiting cold cases.

And it turns out Tobias didn't have as many files at his house as he thought he did.

Diane simply nodded and wrapped her arms around herself-as if trying to give herself the comfort of human contact. Still standing in the foyer dressed in all black, she cleared her throat, then:

"Okay. Your boxes are all labeled. If you need anything, just let me know."

She forced a smile and Tobias did the same. Nodding to her, he turns to head downstairs.

But he turns back just as quickly:

"Diane?"

Her eyebrows rise on her forehead, not expecting there to be anything more to say:

"Yes?"

Silence filled the air for a moment-before Tobias could muster up the courage to say what he needed to.

What was that John Wayne quote?

"_Courage is being scared to death, but saddling up anyway_."

Well, here goes:

"You alright?"

Diane's eyes didn't meet his.

She just couldn't do it. Instead, she looked past him-severely interested in a spot on the wall just behind him-and lied:

"I'm fine."

Before he had a chance to dispute or do anything else she couldn't handle right now, she walked out of the room and away from the potential discussion she left dead and lying on the hardwood floor.

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Taking his black suit jacket off and hanging it on a long since forgotten hook in the wall-Fornell couldn't help but shake is head at where he was.

Going through _his _former basement looking for more _work to do._

This was surprising.

Diane was right, a few stacks of boxes her cursive written on them in permanent marker- _Tobias_.

He always did love her handwriting, something so elegant and simple-from a woman he loved that was anything but simple.

Finding a stool, and dropping a box to the floor, he opens and finds a potluck of loose papers and quickly aging photos.

With Emily still at school and then going to a friends house and work at bay-if even for a brief moment-Tobias went down memory lane.

Or rather couldn't do anything else given where he was and what he was doing.

Concern and apprehension crept rapidly into his system and into his mind when he thought about the woman upstairs.

Diane didn't fall down; didn't fall apart.

Except for once.

Before then had been blessed with Emily.

What nobody knew was that Emily ad been their second pregnancy. Prior to that, Diane had a miscarriage.

Darker days didn't exist for Diane and Tobias, and yet the world kept spinning.

It's funny how no matter what's going on in your little life, the world and the greater problems of the universe keep happening.

And while Tobias went back to work as an agent, Diane used up what as left of her maternity leave.

To heal.

Or so she claimed.

Time passed, their relationship got stronger for a time, and then Emily came along.

The miscarriage couldn't be explained, there was no medical backing or reasoning for it other than sometimes-these things just happen.

Diane sunk herself into a ruthless depression, barely able to get out of bed before Tobias left in the early mornings.

The evenings were the worst though. Coming home from work, every night he would find clean laundry, a fresh cooked meal, and a fresh pot of coffee brewing.

No matter what.

In addition to those three staples that Diane made a necessity to be in the house, the evenings also held nightmares, whiskey, and self-blame.

Diane couldn't stop blaming herself for killing what they should've had. She blamed herself in calm and non-violent little ways.

To this day, Tobias would have preferred if she'd just lashed out or attacked him or screamed-just once.

But it never happened-and eventually Diane went back to work.

Things returned to a state of normal and happiness returned, and three years later, news of a second pregnancy.

Leaping back to the present, Tobias heard a crash coming from upstairs-more than likely a glass breaking in the kitchen.

Quickly rising from his stool, he makes his way upstairs-startled and concerned in one fell swoop.

Muttered swearing was heard as he entered the kitchen and his shoes gave away his position, creaking on the broken glass-from a large serving bowl it seemed:

"Diane?"

She turns, her hair framing her face and falling around her shoulders in full effect. Diane was always a beautiful woman:

"I'm fine Tobias. No need for the knight in armor routine here."

There was her old sarcasm, back again.

The two of them always had a knack for good sarcasm. Sure-they'd put on the act that they hated each other, even when they were married.

But when push came to shove-both back then and even now-they always knew the other was only a phone call away:

"Fine huh? Let me see there Iron Warrior."

That earned a chuckle from Diane as she lowers the left sleeve from her blouse:

"It hit my shoulder. The damn thing fell from the top shelf. Apparently I'm not as quick as I used to be."

"Really? Who'd a thought?"

With both lightly laughing, Tobias looked at her shoulder and quickly realized that this wound indeed was worse than he initially thought:

"We gotta clean this up Diane, it's pretty deep. C'mon, let's get you to the bathroom."

"Tobias, it's fine-rea-"

Giving her a look that spoke more volumes than she could, Diane let out a breath she didn't realize she had been holding.

Nodding, she turned to leave the kitchen only to find herself-

"Hey, wait a second."

With Tobias's hand on her waist, preventing her from going anywhere, she looked at him:

"What?"

"You're barefoot. And there's this new theory going around that says bare feet and broken glass coated floors don't mix. Now unless you wanna try it out for yourself, I-"

"So what do you suggest? I can't float into the other room, though you may think my witch powers would let me."

Ah, Diane.

Always unique in humor:

"Good to know that you're sense of humor stayed intact through the years. Look, why don't we just try this."

Putting an arm around her lower back and the other behind her knees, Tobias picked her clear off the ground-which earned the room a somewhat loud and genuinely surprised shriek of…was that joy?

Picking her up only proved accurate what Fornell had thought earlier-Diane had lost weight.

And quite a bit of it.

Her arms go around his neck instantly-clearly not thinking about keeping her walls up in this moment.

Fornell has to smile at this situation, the notion of picking her up just to take her down the hall-when in reality he could let her down as soon as they exited the kitchen.

But he didn't.

He held to her tightly, letting his instinct that she needed human contact right now overrule the normalcy and boundaries of putting her back on her own two feet.

It appeared to Tobias that she'd been on her own two feet for a little too long.

Diane didn't say anything about the fact that he was still carrying her-because honestly-she rather liked it.

She did-however-turn her face into the spot where his neck met his shoulder-and took a deep breath.

If asked, she would say she was trying to steady herself-but somewhere inside her she knew Tobias wouldn't ask. Which was good because he smelled good and it felt nice to be carried-even if it was only for a moment.

Feeling Diane turn her head into him made Fornell smile, both at himself and the situation.

It was the early evening on a Tuesday in early-August and Tobias Fornell was carrying his sober ex-wife to the bathroom.

The hell?

Entering the bathroom, Diane turned on the light and Tobias set her down on the counter:

"I don't think it's really all that bad Tobias."

Getting the first-aid kit from beneath the sink, he stood to full height as he set the kit down beside her:

"Yeah, people walk around all the time with four inch wide gashes in their shoulders. No big deal."

"This is NOT a four inch gash-"

"Look at it!"

So she did…and it was more like a two inch gash. Though, for his credit, it was pretty deep.

Putting peroxide on a washcloth, Tobias continues:

"Ya know, you could've asked me to get the bowl down…or used a chair."

"Thank you Sherlock, I'm glad to hear that your hindsight is still 20/20."

Tobias once joked in front of Gibbs and his team that Diane lived on his bad side. And that was true enough…some of the time.

Other times, she truly was his best friend.

They were tough and picky and assertive, each in their own right. But these were some of the things that made them get along so well…in the beginning, that is.

So what were they like now?

Now they were still friendly, still shared a child, and still played the act of being a pain in the others ass.

Well-sometimes it was an act. Other times it was reality:

"This is gonna sting,"

Putting the washcloth on her skin, Tobias watched as her face registered the pain-but handled it well. Asking a tough question, Tobias wanted the truth.

His voiced softened, barely audible.

He thought of it as an absent minded attempt at softening what he was about to ask:

"Why'd you lie to me earlier?"

Diane looked at him and found his eyes already waiting for hers.

Momentarily lost and confused, she forgot how to form words and put them into a response. When her verbal footing had been found again, her retort wasn't as profound as she would have liked, but it did the job nonetheless:

"What are you talking about?"

A washcloth is removed from a physical open wound, ointment is carefully applied while the air remained thick with the perfume of their yet-to-be-finished discussion.

Bandages are taken from their packages and tenderly applied-the first aid kit is put back together and returns to its dark home underneath the sink and the trash is discarded.

Tobias helps Diane down and off of the counter, only to block her path, gently pinning her back to the counter-his own body telling her to stay where she was.

Looking at her-really looking at her, Tobias needed what to now what was going on with her:

"I asked you if you were alright. You said you were fine and I know you damn well enough to know that you were lying. Especially since your lip curled and you couldn't look me in the eye. Wanna tell me what's going on?"

"No."

Her answer was quick, painful almost, but straight to the point. Diane wasn't getting off the hook that easy:

"C'mon Diane, you've got all your old habits going in full force again."

"What are you talking about?!"

The flush rising in her cheeks and her breathing becoming more delayed told Tobias he was close to getting whatever it was out of her:

"The trifecta. Fresh, clean laundry, fresh coffee, and a fresh cooked meal. You only have those three going in perfect sync and on purpose when something serious has happened. Do-"

"Oh what do you care?! Were _divorced_, remember?"

Storming past him and leaving the bathroom, Tobias was hot on her heels. Entering the kitchen very carefully due to glass, he wasn't through talking yet:

"Yes, I remember we're divorced. That doesn't, however, mean that I don't care. I am still allowed to be concerned about you!"

The triple homerun of laundry, coffee, and a meal was Diane's way of comforting someone, usually after someone passed away.

She always said that the most calming thing her mother ever taught her was how to take someone else's pain away during times of grief.

Tobias kept going though, he was on a roll now:

"The dryer is still on wrinkle guard, there's a chicken parm in the oven and that,"  
he said pointing to the shiny coffeepot, "is as brand new as coffee can get in this house. So wh-"

Diane's voice cut through whatever Tobias was about to say like a straight razor-they always did have the bad habit of interrupting each other.

Though bad habits were common with these two.

Unshed tears caught in her throat proved to do the job of making her voice richer, more attention getting.

"My father died. Okay? Is that what you want to hear?! We had his funeral a week ago and I'm still…struggling…"

Fornell's instinct was to go to her, take her in his arms, beat away the grief from her system for her. Diane was closer to her father than just about anybody else-and though Tobias and Clark didn't get along well at all, Clark knew how to treat his daughter and make her happy.

Tobias though, didn't have to decide on whether or not it would be a wise decision to comfort Diane, because she was already walking over to him.

So he met her halfway and the second he had his arms around Diane-he knew this was what she needed. With tears hitting his work shirt-she clung to him for dear life.

Saying in her ear, tone low and breath hot on her ear and neck:

"I'm so sorry Diane."

She nods into his chest and before he realizes it, they're gently swaying against one another-having a makeshift dance across the room from the broken glass.

Though no music is on, they don't require it.

_You and I _

_Have been down this road before_

With her hands hanging on to the back of his dress shirt and his on her lower back, Tobias closes his eyes-trying to conjure up a way to dance the hurt away.

_Time goes by_

_Memories are made_

_Love is lost_

Things were never supposed to go this way. They weren't supposed to get divorced, especially considering how ecstatic they were when they got married. And then they had Emily and things were going quite fantastic there for a good while.

But it didn't last long enough.

_Can we find ourselves again?_

_Can we go back to where we started?_

_Play the game all over again?_

_This time, we'll win_

Diane had always been a small woman, but she was too small now. Whatever diet she was on was clearly no good for her-or she was pushing herself too hard to be a version of perfect that society had thrown in her face.

And the loss of her father more than likely contributed to the weight loss-but eventually enough is enough.

Giving her a gentle spin, a small smile is one her face when she's pulled back into his arms.

_This time, we'll win_

_Together we can begin_

_All over again_

She missed this man. Missed his crass, missed his humor-missed him in bed. Hell, she simply missed Tobias. Her divorce from Victor was final two months ago and life had taken a steady tumble downwards after that.

Yes, Tobias put on a good show and could play the 'I-hate-my-ex-wife' card like a pro, but Tobias was like a good hunting dog-when you needed him-he was there.

No questions asked.

_All over again_

_You and I _

_All over again_

Diane was a great dancer…Tobias…well he passed just fine. The kitchen doors had the curtains pulled back and dusk was beginning to settle in-taking any afternoon light away.

Not that he minded, Fornell had always been a night owl.

He first met Diane at a twenty-four hour diner-at half past midnight.

_Would you have me?_

_Love me?_

_After all this time?_

_Because I know_

_With you by my side_

_We'll win this game_

_All over again_

Their impromptu dancing had managed to reach its natural close and when Diane pulled away from Tobias, he took her face in his hands-gently:

"Don't be afraid to tell me things."

The sentence made no sense. They weren't married anymore, there should be no worry for the other left in their systems.

Yet here he was-in her kitchen-telling her to keep in mind that she could still go to him.

Leaning in, Tobias gently kisses her on the cheek and shortly after-he lets her go:

"I've sill got boxes to go through downstairs."

Diane nods and watches as he walks away from her.

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Over the next three hours, Fornell found the files he needed, glass was picked up off the floor, Fornell was stuffed to the gills with amazing chicken parmesan, and two bottles of wine had been consumed between two lonely people.

When it finally came time to go home, Fornell couldn't drive so Diane had offered him one of the spare rooms-which he accepted gratefully.

Standing in the doorway of the spare room, Diane made sure he had what he needed before telling him goodnight:

"Well, sleep well."

Tobias nodded:

"Thanks, you too."

As Diane slowly made her way across the hall to her own bedroom, Fornell could have sworn under oath he saw Diane put a small dance move into her walk.

Sometimes the only thing you need is someone who knows you better than you know yourself.

And that's what Diane and Tobias had in each other.

_We'll win; all over again_

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**Well?**

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**Author's Note: Here is part two. Mentions of Emily are not in this story very much, I'm not good at writing anything that has children involved, so sorry about that. I read that Joe Spano's real height is five foot ten inches. In this story I added a little to his height and made Diane a little shorter than she probably is in real life. Just FYI. Gibbs makes an apperance and in the next posting TEAM GIBBS will be there. So hopefully that interests you! :) If you like let me know. If you don't, let me know. And thank you for reading!**

**Summary: Fornell and Diane are seeing a lot more of each other. But where will it lead?**

**Rating: T+ (Not M, but some implied themes)**

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Something about the last time they spoke, laughed, had wine, and when they-touched.

She always loved his hands-rough and strong.

Fornell was a man tough enough to take Diane on turn for turn-and one gentle enough to understand that her strength would only last so long.

In the almost three months since her father's passing, they had been seeing each other-practically regularly.

And it was exquisitely nice-being able to sit, have dinner, laugh, be sarcastic-and all of it with the pressure off.

Diane and Tobias had been married, been divorced, had a kid-there were no 'first date' nerves and the bitterness of a divorce had mostly worn off by this point.

Some nights he would just sleep over-but always in the spare room. And Emily loved it when her father was around more. And Tobias had always been a wonderful father, but knowing that mom and dad were under the same roof and had laughed the night away with good memories and stories always made a daughter feel better about life-and everything else.

It was hard to say what it was, but for some reason-things were just easier between them now.

Maybe it was because they were a little older-or because they weren't married anymore.

It was hard to say but Diane and Fornell each knew one thing-it was damn pleasant having the other around.

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Going out to dinner, watching movies late into the night-staying over at Diane's-things were going swimmingly.

And Tobias almost forgot how nice it could be having someone around regularly-someone he didn't work with-someone he didn't mind seeing.

Since when did he not mind seeing his ex-wife?

It was like he was in his twenty's again-excited to talk to her, happy to see her-butterflies had never been stronger in his life.

And Diane wasn't far off either.

She began wearing the perfume she _knew_ he liked again-started looking for new dresses to add to her wardrobe for when she would see him-Diane was happier than she had been in a long while.

And the entire reasoning behind that was her ex-husband-the _non_ woodchuck.

Their sarcasm was still as robust as it had ever been-but they weren't fighting anymore.

They were best friends again-not scorned divorcees.

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A recent case had brought Fornell into the NCIS building and when Gibbs saw a clean shaven Fornell step off of the elevator and into the bullpen-Gibbs was glad he had a brand new cup of coffee in hand.

Meeting with Vance in his office-Tobias, Jethro, and Leon went over the new case and who would take initial control of investigation and crime scene.

Once details were hashed out and decisions made-Gibbs and Fornell left Vance's office and while heading downstairs back to the bullpen-Jethro had an observation for a certain FBI Agent:

"Got a spring in your step Fornell."

Tobias smirked-impressed Jethro mentioned it so quickly:

"Yeah, guess I do."

Stopping mid-way on the stairs, Gibbs turned his body and looked at Fornell, curious as to what was going on with the man recently:

"Anything going on?"

Fornell almost laughed right at him.

Could you imagine Tobias Fornell telling Jethro Gibbs that he had been spending time with _their_ ex-wife, and was enjoying himself?

Jethro would joke and tease Tobias for years-at the very least.

So-Fornell simply gave a grin and shook his head:

"Nope."

Walking past Gibbs, he headed for the bullpen and the attention returned to the case-for now.

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Opening the oak door, setting his work bag down in the foyer, walking down the hall and into the study, Tobias found Diane standing-leaning over-looking at something on the desk.

Sensing she hadn't heard his arrival, Tobias continued to enter the room-quietly.

So engrossed with what she was looking at, Diane didn't hear her ex-husband at all. She did-however-feel his hands on either side of her waist.

With Diane being five foot two-and Tobias five foot eleven-he could see over her shoulder at what she was so clearly captivated in-

A scrapbook.

The page on the left was one of her father's professional Navy-issued shots.

The page on the right?

Their wedding photo.

Realizing she's in her own mind-chasing to get back what she didn't want to lose-Tobias knew if Diane stayed on this path-it would inevitably lead to pain.

And nothing but.

Memories can carry you; or cripple you.

Putting his hands on her waist-his thought process hesitated for a moment.

This notion had a sense of delayed familiarity to it-Tobias used to do this everyday when he and Diane were married.

Remembering that, Tobias almost took his hands away-until he heard Diane's light gasp.

God, he missed that sound.

She knew it was Tobias-something in her just told her that it was.

And she was right. She always had a love for his hands-whenever they would go on her-she loved it. So possessive, so distinct, so uniquely him-it was exhilarating:

"You still surprise me, Tobias."

"Same goes,"

There's a pause in the room-a moment of wonder, reflection, and admiration mixed with the after effects of conservation.

Diane never wanted to appear weak in front of Tobias-_ever_. Life was meant to have strength and purpose-not weakness and misery. Keeping the problems and burdens of her days to herself was one of the things that ultimately began the destruction of their marriage.

Trying to spare Tobias unnecessary stress, Diane kept most problems off of their discussions. Which left her husband feeling as though he was un-worthy and unable to help. Utter lack of decent communication-if any communication at all occurred-began the trickling of problems for the Fornell's:

"What're ya doing Diane?"

He asked a question to which he already knew the answer-and she knew _he_ knew the answer.

This wasn't a curiosity probe-this was an interrogation of trust.

If Diane answered honestly-it would mark progress, forward movement, and possibilities of a future. If she lied and said she was 'fine', it would mean that all the time they had spent together recently would have no positive result.

Telling Tobias the truth-having an honest moment with him, truly letting him in-would hold the prospect of the two of them getting back to where they were-in the **very** beginning.

Holding her breath:

"Wishing I could change the past."

Diane's voice is strained, chock full of emotion-and was that relief at finally saying what she truly felt?

But no matter what her voice sounded like, forward progress was there-in both unbiased and audible form.

Moving his hands from her hips-Tobias encircles her from behind-his arms going completely around her mid-section.

Ever so gently and ever so slowly, Tobias pulls her back into his chest. Lightly, Diane's head finds a home just beneath his right shoulder-and a deep breath leaves her tired and stressed chest.

Tobias knows her well enough to know that Diane's instinct is to fight-her fiery side was one of the things that first caught his attention. But her sarcastic nature and ability to play off the pain was an option and tactic Diane often used, but sometimes life didn't allow that.  
Things occur that you can't predict and occasionally the only solution you can have-is to fall. And that normally went against her better judgment.

Normally.

Holding her tightly-and securely-to him, Tobias asks low and quiet in her ear:

"What do you want to change?"

Her palms leave the pages of the aging scrapbook and they find a comfortable position on Tobias's forearms-but she had no answer for him.

How could she?

Pressing a light kiss to her temple, Tobias knew this was hard for her.

They hadn't touched like this-this intimate, this alone, this close-since before their divorce.

They touched when they danced at night-and when Tobias would leave some nights, they always tightly hugged goodbye.

Always.

But the way he was holding her know, the position-the words and truth still fresh and lingering in the air-this was something new.

This was new ground-and this felt nice.

"What do you want to change?"

He asked it again, still wanting her answer-still seeking out what the thought process was in her mind.

Diane turned-out of his arms-and put her arms around him, hugging him loosely-yet still standing far enough away to look into his eyes. This was a comment that once she said-she couldn't take back:

"I wouldn't of signed the papers."

Tobias Fornell could handle a lot-but he wasn't expecting that.

And if he wasn't expecting that-he sure as hell wasn't expecting on what was coming next.

Diane was always a aggressive woman and she did so in a way that was always uniquely sexy-and what she was doing now was no different.

Standing up on the balls of her feet, her fingers go north on his back and fingertips find the bottom of his hair at the nape of his neck. Tobias is momentarily lost-until he notices his vision is being lowered and Diane's lips are on his.

Diane's lips are on his-she's _kissing_ him.

The kiss was strong, resilient, packed a punch-just like the woman. But the smooch was short-lived. Tobias responded instantly, though he was unsure as to why. Diane was always a passionate person and her kissing was wonderful-but the shock and speed of it all made Tobias break away after his response was felt-more than heard.

Looking at her-really looking at her-he saw that this was what she wanted. Something in Diane's eyes-he couldn't name it even if you put a gun to his head, but Tobias loved kissing her. And he wanted to do so again.

Taking his hands and cupping her face, his thumbs lightly brush the bags under her eyes-they were getting slightly smaller, but were still a far cry from where they needed to be. Realizing that this entire situation could end badly-but then again, hadn't it already?

Isn't that what a divorce meant?

Gently, slowly, carefully-Tobias leaned in and kissed his ex-wife.

It was a kiss that was slow-yet powerful, tender-yet earth-moving, long-awaited and violently missed.

Diane responded, exultant to finally have his lips on hers again, as her hands filter through his hair. Taking a step forward, Tobias moves he and Diane until her lower back has a gentle meeting with the desk that was older than either one of them.

Pulling her as close to him as he could-Tobias deepened the kiss, and a strong moan of appreciation and approval was heard from Diane-another sound he's missed over the years.

Having her in his arms, kissing her again-they had more passion now than they ever had before.

What was that phrase about absence and the heart growing fonder?

Giving their lungs a break, Tobias moved over to a certain spot on Diane's collarbone that he never could forget-it always was a critical step in her physical un-doing.

"_Tobias_."

Her breathless admission of his name put warm bumps on his arms-he didn't realize how much he'd missed Diane.

Not until this moment-this position-this vulnerable situation they had both found themselves in.

Putting her hands on his chest, her fingers find his shirt buttons and begin to make quick work of freeing them-only to be stopped:

"Diane, _Diane_."

She looks at Tobias-desire flaring in her eyes, as well as in his:

"What?"

Tobias knew where he wanted this to go and he was fairly certain Diane wanted to take this there as well. But some things shouldn't be rushed:

"You know where this goes if we keep going."

Yes, she did-and she was more than okay with that:

"Yes, I do."

With his hands settling comfortably on her hips and hers still on his chest, Tobias places a slow, sweet kiss on Diane's lips-then:

"Think we're ready for that?"

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**Review? It would make my day/night! :D :D**


	2. Chapter 2

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**Author's Note: Here is part 2! The next installment to this story will be its last and I want to thank all of the readers for keeping up with this story! As for my Ziva/Gibbs stories, those will be updated-I promise! I'm just having some difficulty with those two right now. Thank you all for reading!**

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Diane held her breath, recognizing that this was a question to which her response was critical-and necessary. If they made love tonight, it wouldn't-couldn't-be a one-time thing. It had to be serious.

They were older now, had more to gain-and a hell of a lot more to lose. So…

What was her answer?

"Tobias, there's only one way to find out."

True enough.

Even though they had been down this road before, that didn't mean they wouldn't do it again. The circumstances weren't the same-_they_ weren't the same-people change.

But did they change too much-or too little-to make it again?

"I want to find out. Again."

That was all it took-Diane knew that they both wanted the same thing.

Returning to his previous act of kissing Diane-Tobias knows this feeling.

Excited, comfortable, familiar-it was what Diane could always give him. She loosens his grey tie and quickly pulls it away from his collar-allowing it to fall to the floor. Un-buttoning the rest of his dress shirt-Diane pulls it loose from the waistline on his pants-and pushes it off his shoulders.

It arrives on the clean hardwood floor as Tobias puts his arms completely around her small frame-pulling her to him and knowing he didn't want to let her go.

Not again.

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"That still doesn't explain the Petty Officers' increase in cash flow."

Jethro Gibbs was in the center of the bullpen, in addition to DiNozzo, McGee, and Fornell. Images of crime scene details, likely suspects, and financial records-as well as military backgrounds-flashed on the plasma.

With a brand new case-causing NCIS and FBI to join up once again-was the cause of Fornell's presence at the Navy Yard.

"He's got no offshore bank accounts, no dirty laundry of any kind, Boss."

With McGee tracking-and the FBI helping-the case was still moving slow.

"You know a lot about dirty laundry, do you McGee?"

Fornell still had a little 'friendly'…debate going on with McGee since the last time he saw McGee.

When Tobias' ex-wife was sleeping on the couch.

With Timothy.

"Look out Timmy, Fornell's gonna have smoke coming out of his ears soon."

Giving DiNozzo a warning glance, Tim responded:

"Thank you Tony. Agent Fornell I told you, nothing happened between me and your ex-wife."

Gibbs looks between the three men surrounding him-curious as to how this conservation was going to go.

He wasn't curious for long though, as Tobias was more than ready to defend what was his. Or would that be-what was formerly his? From Gibbs' perspective, the response Tobias gave that morning when they found Diane had seemed a little extreme-especially considering Tobias was an _ex-husband_.

"You were on the couch with my wife! Are you really going to tell me you didn't so much as _think_ of something you could have done with her?"

Tobias was his usual self-a little testy and very dramatic. Silence falls upon the room as Gibbs looks at DiNozzo, then McGee, then finishing his gaze on Fornell:

"Ex-wife."

"What?"

Gibbs takes a moment, then continues:

"You said wife. You and Diane are divorced."

It hits Fornell he slipped in his words. Why had he done that? He and Diane didn't recently get divorced, his signature on the papers happened a while ago. It was the hardest signature Tobias ever made. Not that he'd ever tell Diane that, of course. He has to say something-some form of explanation about why he called his _ex-wife_ his **_wife_**.

Grasping for thin air:

"Ex-wife, yeah. That's what I meant. Obviously."

After a moment, the discussion continues about their current case. Yet, for some reason, Fornell still felt tense.

Suddenly, he had the urge for more antacid.

Where did he put that bottle?

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At around half past six in the evening, Tobias made his way to Diane's. He had been going over there practically every night since they last…reunited. They shared a bed almost a month ago.

Since then, they had been gaining ground in taking things slow-discussions, dancing, understanding the other more deeply-finally accomplishing all the things they missed in their marriage. It felt like a weight had been lifted off each of their shoulders-being able to speak into existence the things that mattered-really mattered.

Setting his things out of the way in the foyer-he heard no jazz playing-smelled no food cooking-and found no wine already poured.

Diane's car was here, so Tobias loosened his tie as he ascended the stairs-towards the bedrooms and master baths.

Finding her bedroom door open and a low light on-Tobias peeked his head in.

Lying on top of the dark gray bedspread, Diane still had her work clothes on-black pantyhose, short black skirt, and light blue blouse. Her heels were nestled neatly in front of the wooden chest-whose permanent home was at the foot of the bed. With her back to Tobias-he could tell she was sleeping.

And if her breathing was any indication, she was doing so lightly. Softly entering the room-Tobias sits down carefully on the edge of the bed. Diane's back is to his left and sitting here-with nothing else going on-Tobias thought about how much progress he and Diane had truly made.

More than he ever thought possible.

Glancing around the room, Tobias liked the familiarity and comfort of being back here again. Both with his ex-wife and in his house-could they make it a home together again?

On her bedside table-a large bottle of extra strength ibuprofen, a bottle of green tea, a coffee cup holding ink pens and hi-lighters, post-it notes-and her copy of _Gone with the Wind_ that was an easy ten years old.

Diane would read and re-read that book as often as she could. Just one of the things that was a consistency in Diane-something that didn't change over the years. Tobias reaches out his left hand and it lightly finds the center of her back. Gently-softly-tenderly-he caresses a light pattern as unique as their marriage on her body-no order or direction.

Going with the flow in the chaos that was otherwise known as life.

Slipping off his shoes, Tobias shifts and when he glances back to the sleeping woman again-she's awake at looking at him with a gentle tone in her eyes.

He smiles warmly at her, happy to be here-and relieved at the notion that she's _trying_ to get the rest she so deserves.

Diane motioned for him to join her-which Tobias did. Removing his person from hers, he rises and treads lightly to the opposite side of the bed-all the while Diane shifted to get in position to get under the covers.

Slipping under the bedspread-whose hue matched that of his hair-Tobias waited patiently as Diane did the same. As his arm goes around her and he lightly pulls her towards his chest-her head finds the ideal-and often missed-spot on his shoulder.

It was a habit-or rather a pattern-that Tobias was glad to be here for.

Something about Diane that no-one knew was that often in her life-she had nightmares from her childhood when her mother died when Diane was just a child. Some months-the nights would hold nothing but restful sleep.

Other months-the nights were hell.

Especially when the mis-carriage was still a fresh and brand new wound, for each of them.

Since Tobias had re-entered Diane's life, he could hear her murmurs of struggled dreams from across the hall. Nothing that ever warranted high concern or startling alarm-but just enough to let him know that she still had struggles of her own.

Just like everybody else.

It un-settled him, knowing that the nights could still be bad for her. But what person didn't have nightmares at some point in their life?

No matter where he went, how old he got, or what his marital status was-Tobias always held a high sense of protection over Diane.

There was no explanation for it-not one he was aware of anyway.

They wouldn't lie here long-not tired or settled enough to sleep for the night-but they would stay here long enough to enjoy the feel of being in the other's arms.

"I slipped up today."

Tobias's voice was deep and rumbled gently through the room and through the small amount of space that was left between them.

"What do you mean?"

Diane was curious-Tobias cautious:

"I called you my wife today,"

Diane asked nothing, said nothing, did nothing. Tobias could feel her hold her breath-though he was un-sure as to why his answer would cause said reaction. And yet her retort-or lack thereof-was not cause for stress on Tobias:

"Just food for thought."

He presses a gentle kiss to Diane's temple-and he feels her breathing return to normal again.

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The abundant smell of sawdust filled his senses as Tobias made his way down the well-worn stairs that belonged to the basement of one Leroy Jethro Gibbs, who was working away on a boat:

"Don't you ever get tired of the smell of sawdust?"

"No."

Taking off and tossing his suit jacket in some abandoned corner-Tobias rolls up his white suit shirt sleeves as Gibbs pours him a bourbon. It had been around nine p.m. when Tobias left Diane's and had made he's way across town to the basement of Jethro Gibbs.

Taking the drink from him: "Thanks."

Tobias sits on a workhorse-putting his back to a wall and his front in Gibbs' line of vision. Though the flaw in this seating arrangement-Tobias couldn't be further away from the bottle of bourbon if he had to be. With the silence in the basement not serving as a sufficient form of entertainment-Fornell tried his hand at conservation:

"Wanna give you a situation-a _hypothetical_ situation, of course."

Gibbs, not looking up: "What?"

Taking a steadying breath-Tobias downs his bourbon in one hefty shot. Letting the burn tear a hellfire path through his body, he pauses for a moment.

"Everything okay Tobias?"

"Oh yeah,"

As Gibbs goes back to what he was working on-Fornell continues:

"So-_hypothetical_ situation here-what…what would you do if I said I wanna re-marry our ex-wife?"

Gibbs didn't do anything-didn't say anything.

He did-however-drop the large metal clamp he was using at the time directly onto the floor. The loud sound in the quiet room spoke volumes of its own accord.

Fornell rose and made his way to the bottle of bourbon on the other side of the room. Tobias wasn't looking for a way to quickly become three sheets to the wind, no, he was seeking the solace, settling, and frame of mind he found within the bottle itself.

After picking up Gibbs' glass on the walk over, Tobias fills them both, though his own a little fuller than Gibbs'. Dropping the clamp onto the floor, it was a reaction that was fitting-both coming from the man and the situation.

Handing his glass to him, Tobias:

"Yeah, that's what I thought you'd say."

Finding a comfortable position leaning on the stair-frame, Tobias looked at Gibbs. And waited. Moments passing and words not being said would only last for so long with these two. Gibbs took a deep breath:

"You propose?"

Here we go, now he's got a question. Tobias only chuckled, then:

"It's a hypothetical situation Jethro. Some food for thought."

After taking a drink:

"You asking me what I think Tobias? About Diane?"

"Not about Diane. Asking what you think about me marrying again. Marrying her again."

The conservation was taking a serious note and it was getting there quickly. Even if it was a hypothetical situation, it was still an important one for more than a few reasons. If Tobias felt strongly enough about Diane after all this time and divorcing-to mention this situation-hypothetical or not-something had to have change in the genre of emotions. And the mention of trusting-and dare Gibbs think-loving-Diane again, Tobias must be talking to Diane more than he initially thought:

"You and Diane been seeing each other?"

Working on the boat had stopped, this was not a discussion about a case or the weather. This was Tobias going to his friend.

"I don't know if I'd call it 'seeing each other'. A while back, things were slow at the bureau and I needed to go through some cold cases. The files I needed I thought were at her place. When I went by…"

His voice trails, not too sure how to mention the next part.

Or even if he should.

"When you went by?"

Jethro urges him on, interested to know what he was going to say.

"Well…she-she looked like hell Gibbs. I've see the woman give birth, I've seen her wake up in the morning, I've seen her drunk and pissed-but I've never seen her like this."

"What was different?"

"She's lost an easy twenty to twenty five pounds. And I mean easy. Every piece of clothing she wears now is two sizes too big. When she opened the door I knew she'd been crying. I didn't know it right away, but her father had died a few weeks prior."

"She didn't call you?"

Now, even though Tobias and Diane divorced, Gibbs always knew they had remained close. Well, closer than Gibbs and Diane stayed.

"No. And by your expression, I can safely assume she didn't call you either."

"Nope."

Tobias muttered something under his breath and shook his head before killing his bourbon in one single swallow. He'd been doing that a few times tonight. Looking around the room, Tobias begins in an upset and raised tone:

"She's doing it again! She runs around and takes on more than she can handle and plans on doing it all by herself. She didn't tell anyone her father died, she losing all that damn weight again! I thought she was past that-Hell thought **_we_** were past that! She has no idea how important she is."

Gibbs knew Tobias wasn't angry-he was, however, emotionally scared and worried.

"Have you told her that?"

"What?"

Tobias turns his head sharply, almost in a fashion that would suggest he forgot Jethro was there.

"Have you told Diane anything you just told me? Maybe she needs to hear it Tobias. If she's as bad as you say she is…it couldn't hurt."

Tobias calmed down-or so it seemed and put some thought to the words that had just made their appearance in the air. Maybe Gibbs had a point. Sitting Diane down and discussing things like this in the past had never gone especially well. But this time, maybe it could-or would-be just the thing she needed.

Then again, the entire conservation could go down in flames.

Just like their marriage.

Walking back over to the bottle, Tobias sets the glass down and pauses for a moment-then:

"Since when did you become the communicator?"

Each lightly chuckle and Fornell doesn't pour another drink. No, he does however, give a moment's thought to what Jethro just said.

Checking his watch before he decided what to do next-he realized it was late.

But was it too late? Or would the timing-for once-be just right? Through all the ups and downs and mis-steps and celebrations, through it **ALL**-would tonight be the time when he could talk to Diane and make her see how important she was?

Would the potential discussion he would have with her be the one to get them together again? To keep them together?

"Fornell?"

"I should go. Talk to her now. Get it over with. Maybe she'll listen if it's later in the day."

Tobias was grasping for straws-but there was a strong possibility that straws was just what was needed.

Gibbs nods-and looks at Fornell:

"Okay. Call if you need anything."

Tobias nods:

"Thank Gibbs."

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**Thoughts? :) :( **


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